Navajo Nation Adopts Amendments to Tribal Law Governing Uranium Transportation on Its Territory
The Navajo Nation has approved emergency legislation aimed at strengthening a tribal law that regulates the transport of radioactive materials on the largest Native American reservation in the United States.
This measure is a response to the relaunch of uranium mining just south of the Grand Canyon, which has drawn widespread criticism from environmentalists and Native American tribes in the area.
Navajo President Buu Nygren signed the legislation Thursday as talks continue between tribal officials and Energy Fuels Inc. to craft an agreement that would address concerns about any potential risks to the public or the environment.
The revised law requires earlier notification of plans to ship uranium ore from the Pinyon Plain mine in northern Arizona to a mill in Utah. It also requires paying transportation fees and filing emergency preparedness plans.
In 2005, the tribe banned uranium mining on the vast reservation, highlighting the painful legacy of contamination, disease and death left by the extraction of nearly 30 million tons of ore during World War II and the Cold War.
Despite the ban, tribal lawmakers in 2012 did not ban the transport of uranium on Navajo lands. Instead, they declared the tribe’s general opposition to the transport of ore on tribal lands and adopted regulations aimed at protecting human health and the environment by requiring, among other things, notification and financial security.
Navajo leaders said it was time to strengthen that law and require earlier notification of shipments by Energy Fuels as the company ramps up operations.
Nygren said the notification required by current law did not occur when Energy Fuels shipped its first two loads of ore in July and that his efforts to have tribal police stop the tractor-trailers came too late.
“The purpose of this legislation is to ensure the protection, health and safety of the Navajo Nation and its people as well as our precious resources such as our water,” he said in a letter thanking lawmakers for prioritizing the issue.
Navajo Attorney General Ethel Branch said ongoing discussions with the company are aimed at ensuring that any ore transport is done responsibly. She also pointed to the legacy of uranium mining in the region and said reclamation work still needs to be done in many areas.
“That’s part of why the (Navajo) Nation had to respond so strongly here, to fight back and ensure that our community does not continue to be disproportionately burdened by radiation, uranium waste and contamination,” she said in a statement.
Energy Fuels said Thursday it was optimistic about reaching an agreement with the Navajo Nation that would pave the way for resuming deliveries. The company also said the discussions were consistent with provisions of amended tribal law.
“Ultimately, we want Navajo leaders and citizens to feel comfortable with modern uranium ore transportation and understand that it poses no risk to human health or the environment,” said Curtis Moore, a company spokesman. “And we are willing to go beyond applicable federal and state laws to achieve that.”
Navajo law refers to U.S. regulations that govern the transportation of radioactive materials. In general, these rules require greater precautions when dealing with enriched uranium, spent nuclear fuel, or high-level radioactive waste. Uranium ore falls into a different category. category.
The semi-trailers that will transport the ore are equipped with thick, tightly fitted and waterproof plastic tarpaulins to limit the leakage of dust or the infiltration of rain.
Under Navajo law, trucks can be inspected and shipments during tribal fairs along the designated route would be prohibited.
If a business does not comply with the rules, the Navajo Nation Environmental Protection Agency can issue a compliance order with penalties. The Navajo Attorney General can also seek a temporary restraining order or injunction from the tribal court if the law is violated.
